Related case:
SAIDS 2014_05 SAIDS vs Brandon Stewart
August 8, 2014
On 8 August 2014 the South African Anti-Doping Disciplinary Panel decided to impose a 2 year period of ineligibility on the rider Brandon Stewart after his sample tested positive for the prohibited Testosterone. Here the Panel deemed that the Athlete acted with significant departure form the required duty of utmost care due to he used the substance as medication for his condition before a TUE was granted. In addition the Athlete violated his provisional suspension.
Hereafter the Athlete appealed the decision of 8 August 2014 with the Appeal Board of the Anti-Doping Tribunal of South Africa.
The Athlete admitted the violation and accepted the test result. He argued, substantiated with evidence, that the Testosterone was used not intentional as treatment for his medical condition, that he applied for a TUE and that he mentioned the use of the substance on the Doping Control Forms. The Athlete requested for a reduced sanction and asserted that the appealed decision was personally influenced and prejudiced. He explained that his previous public disclosure to the media was made to protect his own rights and reputation and not to bring SAIDS into disrepute.
SAIDS requested to dismiss the appeal and contended that it was undisputed that the Athlete had used a prohibited substance while the Athlete was an experienced professional rider who underwent numerous doping tests with knowledge of the anti-doping rules.
The Appeal Board deems that the Athlete failed to establish grounds for a reduced sanction, and neither that he bears No Significant Fault or Negligence in this case. Therefore the Appeal Board decides on 17 November 2014 to dismiss the Athlete’s appeal and to uphold the decision of 8 August 2014.
